Tex. Prop. Code Ann. § 1.004 § 1.004
PREEMPTION.
Operative Text
Sec. 1.004. PREEMPTION. (a) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.(b) For purposes of Subsection (a), a field occupied by a provision of this code includes an ordinance, order, or rule regulating evictions or otherwise prohibiting, restricting, or delaying delivery of a notice to vacate or filing a suit to recover possession of the premises under Chapter 24. Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 15, eff. September 1, 2023.
Tex. Prop. Code § 1.004 establishes a state preemption rule, meaning that Texas state law under the Property Code takes precedence over local government regulations in the same subject areas. Unless another state statute explicitly grants permission, cities and counties cannot adopt, enforce, or maintain local ordinances or rules that govern conduct already covered by the Property Code. The provision specifically calls out eviction-related rules — including any local measures that would restrict, prohibit, or delay a notice to vacate or a lawsuit to recover possession under Chapter 24 — as fields that are occupied by state law, rendering any conflicting local rules void and unenforceable.
Plain English — not legal advice.
Under Tex. Prop. Code § 1.004, property owners and managers operating in Texas can generally rely on state law as the governing framework for eviction procedures, rather than a patchwork of varying local ordinances. Compliant operators typically follow the notice-to-vacate and possession-recovery procedures set out in Chapter 24 of the Property Code, without needing to layer on additional local requirements that may have existed before September 1, 2023. Staying current with any state-level statutory changes — rather than tracking local ordinance amendments — is the general practice consistent with this preemption structure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 1.004 means that local tenant protections — such as city or county ordinances that might have extended notice periods or restricted eviction filings — may be void and unenforceable if they conflict with the state Property Code, particularly Chapter 24 governing evictions. Tenants who believe a landlord's actions may not align with state eviction procedures can review the requirements of Chapter 24 directly or reach out to a tenant-rights organization for general information. Because the enforceability of any specific local ordinance under § 1.004 can be a complex legal question, consulting with a licensed Texas attorney or a legal aid organization can help clarify what protections may or may not apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.